Supreme Court Weekly Round-Up

Rape-Murder of 7 year old- Death penalty commutedThe Supreme Court has commuted the death penalty imposed by the Trial Court and the High Court on Kamlesh @Ghanti who was found guilty of raping and murdering a seven year old girl. Three Judge Bench comprising Justice Ranjan Gogoi, Justice Prafulla C. Pant and Justice Uday Umesh Lalit upheld the conviction of the accused under Section 376A, 302, 201, 363 and 366A of the Indian Penal Code.Murder of Wife, 5 Minor Kids acquitted By 2:1 majority Supreme Court of India on Friday, acquitted Dhal Singh Dewangan, who was sentenced to death by the Chhattisgarh High Court for killing his wife and five minor children by a 2:1 Majority. Justices Ranjan Gogoi and UU Lalit has set aside the High Court judgment that confirmed the death penalty imposed by the District and Sessions Court of Durg holding thatthe prosecution, on the basis of admissible evidence on record, has not proved its case against the appellant. Justice Prafulla C Pant dissented. He upheld the conviction and awarded Life term for the Accused.Plea against Madras HC Order Barring Publishing of Judges, Lawyers’ Names in News Items dismissedA two-judge Bench of the Supreme Court on Friday dismissed a Special Leave Petition challenging the Madras High Court (Madurai Bench) by which it is has directed the Registrar (Administration) to immediately circulate instructions to all print, electronic and media houses not to publish the names of the lawyers appeared in the case, as part of news item. The Bench also directed the Registrar (Administration) to request the print, electronic and media houses not to publish individual names of the judges unless it is so essentially required.Ruchika Molestation Case: Rathod’s Conviction upheld jail term reducedThe Supreme Court on Friday, while upholding the conviction of former DGP of Haryana SPS Rathore in molestation case of tennis player Ruchika Girhotra, accorded relief to him by reducing his sentence from one and half years to the sentence already served. Dishonour of Cheque Issued As Security for Repayment of Loan Covered U/S 138 of NI ActThe Supreme Court on Monday held the dishonour of a post-dated cheque given for repayment of loan instalment, which is also described as “security” in the loan agreement, is covered by Section 138 of the Negotiable Instruments Act, 1881.Search Engines directed to ‘Autoblock’ Search on Pre-Natal Sex DeterminationThe Supreme Court on Monday observed that internet search engines Microsoft, Google and Yahoo! are under obligation to see that the “doctrine of autoblock” is applied within a reasonable period of time to prohibit any attempt to search any keyword pertaining to pre-natal sex determination.1997 Amendment to Indian Contract Act Operates ProspectivelyThe Supreme Court in UNION OF INDIA & ANR. Vs. M/S INDUSIND BANK LTD., held that the 1997 amendment to the Indian Contract Act, which made certain agreements covered by Section 28(b) of the Act void, operates prospectively.Not Able To Do the Impossible Is Not Contempt Of CourtThe Supreme Court on Monday termed a High Court order which convicted a person for civil contempt, as “deplorable”. The three-judge Bench also observed that it would not be fair on the part of a court to give a direction to do something which is impossible and if a person has been asked to do something which is impossible and if he fails to do so, he cannot be held guilty of contempt.Plea for a New Body for Judges Appointment dismissed Saying It Cannot Amend ConstitutionThe Supreme Court on Tueday dismissed a PIL by National Lawyers’ Campaign for Judicial Transparency and Reforms which sought a new mechanism for the appointment of Judges in High Courts and Supreme Court outside the control of the judiciary and the executive saying “we cannot amend the constitution”.Hiring Of Middlemen to Get Farmers’ Land for Cooperative Society Can’t Be AllowedThe Supreme Court in R. RAJASHEKAR AND ORS. VS. TRINITY HOUSE BUILDING CO-OPERATIVE SOCIETY AND ORS., observed that the concept of hiring middlemen to get lands of poor agricultural workers acquired by the state government in favour of a Cooperative Society is abhorrent and cannot be granted the sanction of law.Centre Directed to Scrutinise IFCI Irregularities Disposing of a petition by the Centre for Public Interest Litigation, the Supreme Court directed the Union Government to ensure a due and proper scrutiny into allegations of administrative and financial irregularities in Industrial Financial Corporation of India (IFCI) by (i) serious frauds investigation officer; (ii) Reserve Bank of India; and (iii) Security and Exchange Board of India (SEBI).Review Petition in Arunachal Pradesh President’s Rule Case rejectedA five-Judge bench on Tuesday dismissed in chambers, the review petition filed by the former Speaker of Arunachal Pradaesh assembly, NabamRebia, against the judgment delivered by the same bench on 13 July. The bench also rejected Rebia’s prayer for an open...

Supreme Court Weekly Round-Up

Ashok KM

Tags